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(영문) 대구고등법원 2015.10.29 2015노407
살인등
Text

1. The part of the judgment below regarding the request for attachment order shall be reversed.

2. The request for the attachment order of this case is dismissed.

3...

Reasons

1. Summary of grounds for appeal;

A. The part of the defendant's case (e.g., imprisonment with prison labor for 15 years) sentenced by the court below to the defendant and the person subject to attachment order (hereinafter "the defendant") is too unreasonable.

B. It is difficult to readily conclude that the Defendant is in danger of committing murder again in the future.

Therefore, the judgment of the court below ordering the defendant to attach an electronic tracking device for 10 years on the premise that the risk of recidivism of murder crime is illegal.

2. Determination

A. As to the part of the Defendant’s case, the Defendant murdered the victim who was satisf.

Before the Defendant was married with the former husband, the Defendant had been faced with domestic violence from the husband before he was married with the former husband, and the former husband had suffered many economic difficulties, such as living, while raising two children due to not paying the child support, and caused mental stress and apprehensions, etc. resulting in mental disorder, which shows mental disorder, such as emotional depression and apprehension, etc., and even if the Defendant did not reach the mental state due to such mental disorder, it appears that such emotional depression and apprehensions, etc. were partly affected by the instant crime, and that the Defendant was against the recognition and mistake of his criminal act, and that the Defendant’s son, the former husband of the Defendant, who was the husband of the victim, did not want the Defendant’s punishment.

However, the murder crime is a serious criminal who takes the life of a human being, the most valuable value of which cannot be recovered from damage by any method, and even though there is no special original relationship or conflict with the victim, the defendant murdered without the victim. The crime is planned, the method of the crime is harsh, the defendant taken clothes, etc. at the place of the crime after the crime, and suffered the victim at the time of the crime.

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